FMLA REGULATIONS REQUIRE EMPLOYEE TO FOLLOW EMPLOYER’S ABSENCE REPORTING REQUIREMENTS

The amendments to the regulations for the Family Medical Leave Act (FMLA) have become more strict in the requirement for employees to follow the employer’s “usual and customary notice and procedural rules” for requesting medical leave, unless there is some unusual circumstances preventing the notice.  Therefore, employers are now being advised to institute more exacting notice rules (for example, requiring the employee to call in every day the employee is off or must contact the supervisor).  Therefore, an employee must find out the employer’s reporting rules and follow them strictly in order to avoid losing FMLA protection.  Also, when an employee reports the need for medical leave, the employee needs to be very specific about the medical reason that they are taking off- don’t just say “I’m sick”.  The law now requires the employee to inform the employer in enough detail about the sickness that the employer is able to know that the medical reason might qualify for protection under the FMLA.